Water Boards Go To Court To Demand Pump

July 18, 1985|The Morning Call

The North Penn and North Wales water authorities asked Bucks County Court this week to hold the Neshaminy Water Resources Authority in contempt and order the county agency to build the Point Pleasant pumping station.

The water authorities argued in legal papers that the NWRA is in contempt of President Judge Issac S. Garb's January order to finish building the pumping station and combined transmission mains for the $55-million water diversion project.

The water authorities said the NWRA is a municipal authority and not entitled to an automatic stay during an appeal, as is a political subdivision such as Bucks. The NWRA and Bucks are appealing Garb's order.

"We want the order enforced in its entirety," said Ann Thornburg Weiss, an attorney representing the water authorities.

But NWRA Executive Secretary Tracy Carluccio said the agency is entitled to the same protection as the county.

"Our position is that we are an arm of the county and that we are protected by the same law as they are because we are taking an appeal," Carluccio said.

A panel of Commonwealth Court judges heard the appeal June 5. It is not known when the panel will announce its decision.

The project would divert millions of gallons of Delaware River water to the authorities and to Philadelphia Electric Co.'s nuclear power plant at Limerick, where it would be used as a supplemental coolant.

Weiss said the NWRA must reply within 10 days to the memo of law, but Carluccio said it is uncertain whether the agency must answer.

If Garb finds the NWRA in contempt, he could fine or imprison members of its board of directors, Weiss said. "I would suggest that there would be additional hearings before he does anything like that," she added.

Carluccio said the memo is a moot question because it would require action by the county commissioners before the NWRA could restart work on the project.

Under his order, Garb said Bucks and the NWRA also must turn over plans and land for the remaining project to the water authorities and PE. That includes a transmission main from the reservoir to the North Branch of the Neshaminy Creek and a water treatment plant near Chalfont.